Opinion
No. 07-20-00322-CV
12-21-2020
IN RE ROBERT JAMES BACK, RELATOR
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Relator Robert James Back, a Texas inmate proceeding pro se, filed a petition for writ of mandamus without paying the required filing fee. By letter of November 23, 2020, we directed Back to pay the filing fee or, in lieu thereof, to comply with Chapter 14 of the Civil Practice and Remedies Code by filing 1) an affidavit of indigence, 2) an affidavit relating to previous filings, and 3) a certified copy of his inmate trust account statement. TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.002(a), 14.004 (West 2017). We advised Back that this proceeding was subject to dismissal if he did not comply by December 3, 2020. On December 7th, Back filed an "Affidavit of Indigency" but failed to file an affidavit describing his previous filings and a certified copy of his inmate trust account statement.
The requirement to pay the filing fee or tender an affidavit of indigence, file an affidavit of previous filings, and file a certified copy of an inmate trust account statement is mandatory, and the lack thereof is grounds for dismissal of an original proceeding. In re Johnson, No. 07-16-00354-CV, 2016 Tex. App. LEXIS 11841, at *2 (Tex. App.—Amarillo Nov. 1, 2016, orig. proceeding) (per curiam) (mem. op.). Because Back has failed to pay the filing fee or comply with all the requirements of Chapter 14 of the Civil Practice and Remedies Code within the time provided for compliance, we dismiss this original proceeding.
Per Curiam